Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City of Tamarac Resolution R-2004-231
Temporary Resolution #10547 September 20, 2004 Page 1 Revision #2 — October 1, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2004- a3 i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 04-23B, "REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO. 78" AND TO EXECUTE AN AGREEMENT WITH CONSTRUCTION QUALITY CONTROL, INC., TO INSTALL THE REPLACEMENT EMERGENCY GENERATOR AT FIRE STATION NO. 78 AT A TOTAL COST NOT TO EXCEED $76,733; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac built Fire Station No. 78 in 1980; and WHEREAS, the City added an additional emergency response unit in 1996; and WHEREAS, the City expanded Fire Station No. 78 in 2001; and WHEREAS, the City wishes to provide emergency power to allow Fire Station No. 78 to fully operate in the event of an emergency; and WHERAS, the existing generator unit is need of replacement; and WHEREAS, on July 28, 2004, the City of Tamarac publicly advertised Bid No. 04-23B for the purchase and installation of an emergency generator at Fire Station No. 78, a copy of said Bid is hereto attached as Exhibit 1; and WHEREAS, on August 4, 2004 three (3) separate bids were received by the City of Tamarac Purchasing Division; and Temporary Resolution #10547 September 20, 2004 Page 2 Revision #2 — October 1, 2004 WHEREAS, the three (3) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications with responses as follows: Company Name Construction Quality Control Sportslighter MGI-Morgan Total Lump Sum Bid $76,733.00 $76,975.00 $163,301.00 ; and WHEREAS, Construction Quality Control, Inc., provided the lowest responsive and responsible Bid for the purchase and installation of an emergency generator at Fire Station No. 78 for a total cost of $76,733.00, which includes a contingency of $7,000 as per the copy of the Bid and Bid tabulation, attached hereto as Exhibit 2; and WHEREAS, funding is available in the adopted Fire Rescue Operating Budget for said purpose; and WHEREAS, Construction Quality Control, Inc. has agreed to the terms and conditions of Bid No. 04-23B and has executed the City's Agreement, as evidenced by Exhibit 3; and WHEREAS, the City Manager and the Fire Chief recommend that the City award Bid No. 04-23B to, and execute an agreement with, Construction Quality Control, Inc.; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 04-23B to, and execute an agreement with, Construction Quality Control, Inc., to provide an emergency generator for Fire Station No. 78 to serve the needs of our Temporary Resolution #10547 September 20, 2004 Page 3 Revision #2 — October 1, 2004 residents. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: The appropriate City Officials are hereby authorized to award Bid No. 04-23B "Replacement of Emergency Generator at Fire Station No. 78" and to execute an agreement with Construction Quality Control, Inc. for the purchase and installation of an emergency generator at Fire Station No. 78 for a cost of $76,733.00, which includes a contingency of $7,000. Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its adoption. 1 Temporary Resolution #10547 September 20, 2004 Page 4 Revision #2 — October 1, 2004 PASSED, ADOPTED AND APPROVED this 13th day of October, 2004. JOE SCHREIBER, M . ATTEST: did, *CC •kRECORD OF COMMISSION VOTE: MARION SWE SONMAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S�KF CITY ATTORN 1 II� TR10547 EXHIBIT NO. 1 INVITATION TO BID � Nh �Ai�'�S� BID NO. 04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO. 78 Issued on behalf of the Public Works Department City of. Tamarac Purchasing Division 7525 NW 88t" Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 of Tamarac Purchasing and Contracts Division TABLE OF CONTENTS Bid 04-23B General Terms and Conditions....................................................................... GTC1 -- GTC-5 Instructions to Bidders....................................................................................... ITBA — ITB-2 Special Conditions.............................................................................................. SC-1 — SC-6 Special Provisions.............................................................................................SPA — SP-22 BidCoversheet Checklist................................................................................................ BF-1 Bid Form and Schedule of Bid Prices............................................................. SCH-1 —SCH-6 Certification................................................................................................................... 1 of 1 CertifiedResolution....................................................................................................... 1 of 1 Offeror's Qualification Statement .................................................. - Non -Collusive Affidavit................................................................................................ 1-2 Vendor Drug -Free Workplace........................................................................................ 1 of 1 References.................................................................................................................... 1 of 1 Listof Subcontractors.................................................................................................... 1 of 1 BidBond.......................................................................................................................... 1-2 FormPayment Bond....................................................................................................... 1-3 FormPerformance Bond................................................................................................. 1-4 Applicationfor Payment................................................................................................. 1 of 1 ChangeOrder................................................................................................................ 1 of 1 Final Release of Lien by Contractor................................................................................ 1-2 Sample Form of Agreement........................................................... - Technical Specifications 9 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledgement *This form MUST be completed and signed below, and returned with your bid* BID NO.: 04-23B BID TITLE: Fire Station No. 78 Emergency Generator Replacement BID OPENING DATE[TIME: July 28, 2004 at 4:00 PM (Local Time) BUYER NAME: James Nicotra, CPPB BUYER PHONE: 954-724-2443 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: July 14, 2004 at 10:00 AM BONDING: 5% Bid Deposit,100% Payment and Performance Bonds BID DOCUMENTS: $30.00 GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDORS STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM MUST BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER, BID TITLE. AND THE TIME AND DATE OF THE BID OPENING. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. GTC-1 City of Tamarac It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. fate bids will be returned unopened to the Bidder, It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder shall submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed In Ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. "BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. Purchasing and Contracts Division 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. S. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal, The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No' guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of ninety (90) calendar days, or ninety (90) calendar days. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. GTC-z City o/ Tamarac Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Florida Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, brand name information and/or model/catalog numbers are used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design level desired. They are not intended to restrict competition. The City will endeavor to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution permitted", approved equal is added to the specifications to avoid ruling out qualified competition. Where equal is bid, Bidder should submit complete specifications, brochures and/or samples to the City's Consultant or Project Manager seven (7) days prior to bid opening, however, such must be submitted within three (3) days upon request by City. The City or through its Consultant shall be the sole judge of equality relative to performance, quality and function. If Bidder fails to submit a substitute request, it will be assumed that Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder, 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City Purchasing and Contracts Division reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform, The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the City may without cause and without prejudice to any other right or remedy; terminate the agreement for the City's convenience whenever the City determines that such termination is in the best interest of the City. Where the agreement is terminated for the convenience of the City the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, shall terminate all outstanding G TC-3 of Tamarac 0 sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract, and refrain from placing further orders and sub- contracts except as they may be necessary, and shall complete any continued portions of the work. c. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. EQUAL EMPLOYMENT OPPORTUNITY No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, gender, national origin, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forts of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve. the Bidder of supplying such product(s) as specked. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. and Contracts Division Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Line of Business/ Occurrence Aggregate Coverage Commercial General $1,000,000 $1,000,000 Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Statutory Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Bests Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac and Eckler Engineering, Inc. as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and G 7'C-4 City of Tamarac expenses (including attomeys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 28. BID TABULATION Bidders may download the bid tabulation directly from the Internet at htt://wvw.tamarac.o /De t/fin/ urch/resuIts.html. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 31. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. Purchasing and Contracts Division G TG-5 City of Tamarac g acts Division ........_..__. ....................... _..... _..._.---._ _. _...... Purchasing and Contr._................—.__.._ INSTRUCTIONS TO BIDDERS BID NO. 04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO.78 It is the intent of the -City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. DESCRIPTION OF WORK Bids are hereby requested from qualified Contractors for replacement of the emergency generator at Fire Station No. 78. The work consists of furnishing all labor, materials, equipment, tools, service and supervision and incidentals, to complete the work as indicated by the drawings and specifications, or as required to properly complete the project as planned. A. LICENSES To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses; State: Certified General Contractor OR Certified Electrical Contractor. OR County: Master Electrician Occupational license must be in effect as required by Florida Statute §205.065. B. LIQUIDATED DAMAGES Upon failure of the Contractor to complete each individual requirement within the specified and mutually agreed upon time frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of two hundred dollars ($200.00) for each calendar day after the time specified for completion and readiness for final payment. This amount is not a penalty but liquated damages to the City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. Contractor shall also be responsible for reimbursing City the total of all monies paid by the City to the engineer for additional engineering, inspection and administrative services until the work is complete. C. CONTACT INFORMATION Bidders requiring additional technical information, contact the Project Manager, City of Tamarac Public Works Department, Mr. John Doherty at (954) 724-2415. General information can be obtained by contacting the Purchasing Division at (954) 724-2450. 21FM { of Tamarac Purchasing and Contracts Division SPECIAL CONDITIONS BID 04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO. 78 BID GUARANTY An acceptable Bid Bond, Cashier's Check, or Certified Check payable to the City of Tamarac in amount not less than 5 % (five percent) of the bid, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this invitation. The .Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. Upon award of the Contract, Payment and Performance Guaranty in the bid award amount will be required within 15 calendar days of award and shall continue in effect until the contract expiration. 2. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 3. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified superintendent present on the. site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. It shall be the responsibility of the Contractor to remove from the job site and properly dispose of all residues at the end of each and every workday. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left . on site overnight shall be properly marked and identified in order to ensure public safety. 4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public sC- ? Division • Purchasing and Contracts rm . r of Tamarac _...._... _.W......._T-.�_.....-...------....W_...__....,.....__ •..._....�—__..._._.__._..._-..._..----- and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2500 and inform the appropriate staff member about the location and extent of the damages. 5. PERMITS AND LICENSES The Contractor shall be responsible for securing all City permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications. Cost of any required permits from agencies other than the City, will be reimbursed by City without markup, for properly submitted invoices. 6. SITE INSPECTION -- CITY All work will be conducted under the general direction of the Public Works Department, and Building Department of the City of Tamarac, and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Notice to Proceed. 8. WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor in connection with the Agreement. FROM of Tamarac . ................ . . . .. ... . ....... .1111 0- __ 11-1 - . _--__.__._._____Purchasing and Contracts Division 9. DELIVERY All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. Project substantial completion shall be within 110 calendar days from receipt of Notice to Proceed. Final completion shall be 10 calendar days from substantial completion. 10. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the project name, project number, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. 11. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal executed and submitted by the Contractor, project specifications, plans and specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. 12. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 13. CHANGES IN THE WORK/CONTRACT PRICE 13.1 CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Engineer/Project Manager. 13.2 CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to 5C-3 of Tamarac _....-._.._.-.--,_..._..--------- -._-.Purchasing and Contracts Division the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 14. CHANGES IN CONTRACT TIME 14.1 CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 14.2 Notice Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 14.3 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used 15. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. SC-4 a City of Tamarac Purchasing and Contracts Division ...........- ---...........................—_—._..__._...,.... — -- --- .._......_..... 16. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 18. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for SC-5 City of Tamarac --Purchasing and Contracts Division locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing utilities including overhead utilities and underground cables and pipes. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800-432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. Should any underground obstructions be encountered which interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work, and shall be responsible for any disruption of service caused by this damage. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. ........ ...... .----- ......................_T SC-6 rac 0Purchasing and Contracts Division City of Tama...... ......... ......... ..., SPECIAL PROVISIONS BID 04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO.78 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified Contractors, for the replacement of the emergency generator at Fire Station No. 78. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and the Contractor covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment — the form acceptable to the Engineer/Project Manager which is used by the Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 2.4 Change Order — A document that is signed by the Contractor and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City — The City of Tamarac, Florida. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid No. 04-23B, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2.7 Contract Times -- the number of days or dates stated in the Contract Documents to achieve substantial completion and/or complete the Work so that it is ready for final payment as evidenced by the Engineer's/Engineer/Project Managers written recommendation of final payment. SP- 9 City of Tamarac -.... __ Division ._ _ ...-. ......... f'urchrasinc� and Contracts.. ..-..... 2.8 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager -- The City's authorized project representative. The words "Engineer" and "Engineer/Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Time. 2.13 FDOT — the State of Florida Department of Transportation 2.14 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.15 Notice to Proceed — A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.16 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.17 Specifications — Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. 2.18 Subcontractor — An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means the City's acceptance of the job. 2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor. ..... .... ... ... ..... sP-z City -ot...... Tamarac ac Purchasing and Contracts Division 2.21 Unit Price Work — Work to be paid for on the basis of unit prices. 2.22 Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.23 Work Change Directive — A written directive to the Contractor issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.24 Written Amendment — A written amendment of the Contract Documents, signed by the CITY and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non- technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: 1. The Technical Specifications 2. The Contract Drawings 3. The Special Provisions 4. The Instructions to Bidders and General Terms and Conditions 5. The Sample Agreement As between schedules and information given on as between figures given on Drawings and the govern; as between large-scale drawings and drawings shall govern. 4. INTENT Drawings, the schedules shall govern; scale measurements, the figures shall small-scale drawings, the larger scale It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials SP-3 ......... ......... ......... ......_. • ..._. .......__ .._....... is Division City n/ Tamarac Purchasing and Contracts or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6. CONTRACTOR'S ADDITIONAL RESPONSIBILITY 6.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 6.2 The Contractor shall provide a qualified, English speaking, superintendent present on the site at all times. The superintendent shall be a fully authorized agent of the Contractor, and have full authority to make on -site decisions and commitments regarding the Contractors Work. 6.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 6.4 The Contractor shall assign to the work site at least one (1) supervisor at all time capable of making field decisions, interpreting plans, etc. The Contractor shall also provide suitable personnel who shall be available after work hour emergencies and capable of making appropriate decisions. The Contractor shall supply competent and physically capable employees having the requisite skill and experience to perform the work in a workmanlike manner. The City may require the Contractor to remove any employee working for or under the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under the Contractor. 6.5 The Contractor shall be aware that the job may be subject to vehicular and pedestrian traffic at all times of the day and night. 6.6 Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. SP-4 City of Tamarac 0 Purchasing and Contracts Division 6.7 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. The Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 6.8 Before beginning the Work or undertaking each component part of the Work, The Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. The Contractor shall promptly report in writing to the Engineer/Project Manager and the City any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 6.9 The Contractor shall assist the City and the Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 6.10 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 6.11 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 6.12 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 6.13 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 6.14 The Contractor shall correct all Work, which does not conform to the Contract Documents. 6.15 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. SP-5 VA of Tamarac Puich asing and Contracts Division 6.16 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 6.17 Without limiting the foregoing, the Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 6.18 The Contractor shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 6.19 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of contract with the Contractor to perform any portion of the Work, including their agents and employees. 6.20 The Contractor shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents. Any work, which is commenced without a Change Order or Work Directive being approved, shall constitute a waiver of any claim of compensation for such work. All Work Directives must be approved by the City Manager or designee identified as such in writing. 6.21 The Contractor shall maintain in good order when present at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to the City upon completion of the construction and prior to final payment. 6.22 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed as a result of any work within the scope of this contract to all applicable codes and City standards. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT 7.1 The Contractor shall be familiar with the total scope of the project prior to commencement of any work. In case of any questions or conflict, they must be brought to the attention of the Engineer/Project Manager prior to any work. If further assistance is needed, the Contractor may contact the Director of Utilities. The City shall not be responsible for the Contractor's failure to comply with this requirement. Man. City of Tamarac Purchasing and Contracts Division 7.2 The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 7.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 8. SHOP DRAWINGS AND SAMPLES 8.1 The Contractor shall submit to The Engineer/Project Manager for review and approval five (5) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of -manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 8.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 8.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 8.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents. 8.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called SP-7 of TamaracI'll Purchasing and Contracts Division for by any Shop Drawing shall be done until the Engineer/Project Manager has approved the drawings. The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. 9. SUBCONTRACTORS, SUPPLIERS AND OTHERS 9.1 The Contractor shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objection to such change. 9.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect contract with the Contractor. Nothing in the Contract Documents shall create any Contractual relationship between the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 10. CITY'S RESPONSIBILITIES 10.1 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. 10.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and the Contractor agree in writing prior to execution of this Agreement. 10.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 10.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. SP-8 City of Tamarac Purcsing and Contracts ... haCs D 10.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 10.6 The City shall communicate with subcontractors only through the Contractor. 10.7 The City shall furnish data required of the City under the Contract Documents promptly. 10.8 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 10.9 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 11. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 11.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is due. 11.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on - site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 11.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. SP-9 City of Tamarac Purcfra _ g ision 01. sin and Gontr�acts Dry .. 11.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. 11.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 12. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL City will make every effort to provide suitable areas within plant site. Restoration of all storage areas shall be Contractor's responsibility. 13. CLEANUP AND RESTORATION 13.1 During and after completion of all work, the Contractor shall be responsible for all cleanup including but not limited to sweeping, cleaning and removal of loose material. Leftover or excessive material, debris, etc. must be completely removed from the work area and other affected areas at no expense to the City at the end of work. It shall be the Contractor's responsibility to protect any debris from obstructing or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at the Contractor's expense.. 13.2 Cleanup shall be performed on a routine basis in order to facilitate the maintenance of all work areas. Any damage to public or private property resulting from improper or incomplete cleanup shall be the sole responsibility of the Contractor as per Section 15 Damage To Public And/Or Private Pror)erty. 13.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 13.4 The project site shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 13.5 If the Contractor fails to properly maintain the site or perform required clean-ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. SP-10 ....... c Purchasing and Contracts Division C. rty o amarcr ... ......... ........ ..._.... .......... 13.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 14. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 14.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. 14.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 14.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 14.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2500 and inform the appropriate staff member about the location and extent of the damages. 14.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 15. CONNECTION TO CITY WATER The Contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact these departments at least 48 hours prior to inspection of work. 16. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES Payment at the contract unit price shall be inclusive of all labor, materials, equipment and incidental items. SP-11 City of Tamarac Purchasing and Contracts Division .. ..-.__...... ......... ...... ...._...... .._...... 17. ACCEPTANCE OF WORK Acceptance shall be based upon satisfactory completion, material test results, performance and appearance of the Work after the materials have established, been placed or found to be in good operating order. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area that is found to be of an unsatisfactory condition shall be rejected and shall be removed and restored by the Contractor at no expense to the City. 18. TESTS AND INSPECTIONS 18.1 The Contractor shall give the City timely notice of readiness of the Work for all required inspections, tests or approvals. The Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the City the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 18.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 18.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the Contractor to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 19. CORRECTION OR REMOVAL OF DEFECTIVE WORK 19.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and all work found to be defective in the one-year period from the date of Substantial Completion (the Warranty Period) shall be the responsibility of the Contractor, or within such longer period provided by any applicable special warranty in the Contract Documents. 19.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 19.3 If the Contractor fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by written order may stop the Work, or any portion thereof, until the cause for such order has been eliminated; however the City's right to stop WAWA c chasng and Contracts Division City o_ Tamara.... ....... Pu�.... 01 it the Work shall not give rise to a duty on the part of the City to exercise the right for benefit of the Contractor or other persons or entities. 19.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following receipt of the second notice, the Contractor fails to correct such default or neglect with diligence and promptness, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 20. PROGRESS PAYMENTS 20.1 The Contractor shall deliver to the City itemized Applications for Payment for Payment. The Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro -rate shares of the payment out of previous progress payments received by the Contractor for all Work completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and materialmen were provided and included in the Contractor's previous applications for payment, and any other supporting documentation as may be required by the Engineer/Project Manager or Contract Documents. Each requisition shall be submitted in triplicate to the Engineer/Project Manager for approval. The City shall make payment to the Contractor within thirty (30) calendar days after approval by the Engineer/Project Manager of the Contractor's requisition for payment. 20.2 Within thirty (30) days of the City's receipt of a properly submitted and correct Application for Payment, the City shall make payment to the Contractor. 20.3 The City shall retain Ten percent (10%) of all monies earned by the Contractor until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes, does not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 20.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the SP-13 City of Tamarac Putchasing and Contracts Uivisinn point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 20.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - Subcontractors in similar manner. 20.6 The City shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the Contractor except as may otherwise be required by law. 20.7 No progress payment or partial or entire use or occupancy of the Project by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. 20.8 The Contractor warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the City either by incorporation in construction or upon receipt of payment by the Contractor, whichever occurs first; (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 20.9 The Contractor may apply for the return of the retainage held pursuant to Section 22.3, if the Contractor has satisfied the requirements of the Contract relating to retainage. The City shall pay the Contractor the amount retained for the Work, less the reasonable value of incorrect or incomplete Work, liquidated damages or both. Final payment of such withheld sum shall be made upon correction or completion of such Work and resolution of all issues regarding liquidated damage. The release of retainage shall not become due until all Work is 100% completed. The requirements of retainage include the following: 20.9.1 Repair and/or replacement of faulty or defective Work. 20.9.2 As -built drawings are submitted to and accepted by the City. SP-14 of Tamarac ... ......... ......... Purchasing and Contracts Division 20.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 20.9.4 The City is satisfied all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 20.9.5 Release of Lien is submitted and accepted by the City. 20.9.6 The Contractor's completion of Punch List. 20.9.7 Warranties are submitted to and accepted by the City. 21. CHANGE QUANTITIES/CHANGE ORDERS 21.1 The City, without invalidating this Agreement, may order additions, or revisions to the Work. A written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 21.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the Tamarac City Commission prior to their issuance and before Work may begin. 21.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 21.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 21.5 The Engineer/Project Manager shall prepare Proposed Change Orders on forms provided by the City. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 21.6 If the City and the Contractor are of an adjustment in the Contract times that should be allowed as claim may be made therefore. unable to agree as to the extent, if any, Price or an adjustment of the Contract 9 result of a Work Change Directive, a 21.7 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. SP-15 of Tamarac.............._...........n...G�...........,.....__...__._.......................ts Division 0 __......._..................................................._.,..........,.Purchasin and Contras 21.8 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 21.9 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than three (3) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 21.10 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 21.10.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation where unit prices do not exist in the contract documents; 21.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 21.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 22. REGULATORY CHANGES The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 23. SUBSTANTIAL COMPLETION The specified warranty period for a specific Project do not begin until substantial completion of that project under that project's individual Notice to Proceed. 24. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies. SP-16 C Purchasing and Contracts Division City of Tamara . ...._.._. .......__ 25. FINAL APPLICATION FOR PAYMENT 25.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 25.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As - Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As -built" drawings. 26. FINAL PAYMENT AND ACCEPTANCE 26.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing the Engineer/Project Manager's recommendation of payment and present the Application to the City for payment. Thereupon the Engineer/Project Manager will give written notice to the City and the SP-T 7 of 1 an7arac and Contracts Division Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to the City of the Application and accompanying documentation, in appropriate form and substance, and with the Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by the Engineer/Project Manager will become due and will be paid by the City to the Contractor. 26.2 If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Engineer/Project Manager so confirms, the City shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Engineer/Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer/Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 26.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and a final certificate for payment has been issued by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by the City except those arising from: 26.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 26.3.2 Faulty or defective Work and latent defects discovered after acceptance. 26.3.3 Failure of the Work to comply with the requirements of the contract documents. 26.3.4 Terms of special warranties required by the contract documents. 26.3.5 Any of the Contractor's continuing obligations under this Agreement. 26.4 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. SP-18 y f 7arac Purchasing and Division Crt Tan a .... 0 . .............Purchsid Contract ......... .. 27. CITY'S RIGHT TO WITHHOLD PAYMENT 27.1 The City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 27.2 Defective Work not remedied. 27.3 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 27.4 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 27.5 Damage to another Contractor not remedied. 27.6 The Contractor has incurred liability for liquidated damages. 27.7 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 27.8 Reasonable evidences that the Work will not be completed within the Contract time. 27.9 Failure to carry out the Work in accordance with the Contract Documents. 27.1 p When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 28. WARRANTIES 28.1 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 28.2 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 28.3 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 29. CORRECTION PERIOD 29.1 The Contractor warrants all material and Workmanship as noted in the Technical Specifications from date of acceptance by the City. If within the period of warranty from the date of final completion or such longer period SP-19 City of Tamarac g Division ......... ......... ......... h'urchasir...... and Contracts of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by the City, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor. 29.2 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 29.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period as described in Section 32.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 30. CONSTRUCTION SCHEDULE 30.1 The construction schedule shall be in the form of a tabulation, chart or graph (MS Project latest edition) and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittals required to the Engineer/Project Manager for approval, procurement of material and scheduling of equipment. 30.2 The Construction Schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. SP-20 City of Tamarac Purchasing and Contracts aI.7 ....................... ......... ......... ......... ......... ....._._ ....... ..... 30.3 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 30.4 The construction schedule shall be thoroughly reviewed and updated on a monthly basis. The revised schedule shall be submitted to the City at least every 30 days during the term of this Agreement and shall reflect a current schedule of activities, percent complete and remaining durations for all tasks. 30.5 Float, slack or contingency time derived from the early completion of tasks on the critical path is not for the exclusive use or benefit of the Contractor. The Contractor shall not utilize such time without the prior written consent of the City. 30.6 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if the Engineering/Engineer/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineering/Engineer/Project Manager a revised construction schedule for approval. 31. PROTECTION OF PERSONS AND PROPERTY 31.1 The Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. 31.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 31.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 31.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Sub -Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 31.5 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. SP-21 of Tarnarac -....................................._.._...._...................,..Purchasin and Contracts Division 31.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 31.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. 32. HURRICANE AND SEVERE WEATHER PRECAUTIONS 32.1 The Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 32.2 All construction materials or equipment will be secured against displacement by wind forces. 33. WORK BY THE CITY OR CITY'S CONTRACTORS 33.1 The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. 33.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Contractor shall incorporate and coordinate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 33.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 34. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. SP-22 Purchasing and Contracts Division City of Tamarac _..._.... ......... ......... ......... COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. ❑ Properly fill out the Bid Forms and the Schedule of Bid Prices. 3. ❑ Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 4. ❑ Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. 5. ❑ Fill out the Offeror's Qualification Statement. 6. ❑ Fill out the References page. 7. ❑ Sign the Vendor Drug Free Workplace Form. 8. ❑ Fill out the List of Subcontractors. 9. ❑ Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. ❑ Fill out and sign the Certified Resolution. 11. ❑ Include proof of insurance. 12. ❑ Include copy of State Certified or County Competency License(s) Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. B!"-1 City of Tamarac0 Purchasing and Contracts Division BID FORM BID NO.04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO.78 The City of Tamarac is hereby requesting Bids, from qualified vendors, for the replacement of the emergency generator at Fire Station No. 78. In order to be considered for this project, the Bidder shall possess, at time of bid opening, one of the following State, County or equivalent licenses: A State Certified General Contractor or Certified Electrical Contractor with at least five (5) years of verifiable full-time successful experience on similar size and scope' projects. OR 2. A County Competency Master Electrician license with at least five (5) years of verifiable full-time successful experience on similar size and scope projects. We propose to furnish the following items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 01025 of the Technical Specifications. See Schedule of Bid Prices on the following pages. SCH-1 Bid Form & Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division SCHEDULE OF BID PRICES BID NO. 04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO.78 All bid items shall include costs for furnishing all materials, equipment and supplies, and for all costs incurred in providing all work shown on the drawings and specifications for this project. Said costs shall be complete and inclusive of all labor, permits, inspection, servicing and start-up fees, taxes, insurance, miscellaneous costs, warranty, overhead and profit. SECTION 1. LUMP SUM BID Bidder agrees to accept as fully payment for the Lump Sum Work proposed under this Project as herein specified and as shown on the drawings, based upon the undersigned's own estimate of quantities and costs, the following total lump sum bid of: Dollars and cents. ($ Amount written in words takes precedence. SECTION 2. LUMP SUM BID BREAKDOWN For the sole purpose of evaluating bids, the following general breakdown of the total Lump Sum Bid is to be given. The price breakdown shall be fairly apportioned to the various parts of the work. If so requested by the Engineer, the Contractor shall substantiate any price or prices with additional detailed price breakdown. In the event of discrepancy between the written lump sum stated in Section 1., Lump Sum Bid, and the arithmetic total of the following Lump Sum bid Breakdown, the lump sum stated in writing above shall have precedence. SCE'-2 Bid Form & Schedule of Bid Prices of Tamarac SCHEDULE OF BID PRICES (continued) BID NO.04.23B and Contracts Division REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO. 78 The Contractor shall submit a detailed price breakdown to the Engineer at the pre - construction conference. The price breakdown as reviewed and agreed upon by the Contractor, Engineer and Owner shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of the work and a price for each item. Price breakdown shall be by Specification Section for each area of the project. Overhead, other general costs, and profit shall be prorated to each item so that the total of the prices for all items equals the lump sum price. The price breakdown shall be subject to the review of the engineer, and the Contractor may be required to verify the prices for any or all items. NAME OF BIDDER: SCH-3 Bid Form & SchedGde of Bid Prices Tamarac Purchasing and Contracts Division �Cy of . ...... BID FORM (continued) BID NO.04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO. 78 Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Date The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts; errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 5CH-4 Bid Form & 5chedute of Bid Prices of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO.04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO.78 The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Company Name Address City, State, ZIP Contractor's License Number Authorized Signature Typed/Printed Name Telephone & Fax Number Federal Tax ID# SCH-h Bid Form & Schedule of Bid Prices City of Tamarac ,� Purchasing and Contracts Division _._..9. .........--....... BID FORM (continued) BID NO.04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO.78 Bidder's Name: TERMS: % DAYS: To be considered eligible for award, one (1) original of this bid form MUST be submitted with the Bid. Two (2) photocopies of this bid form should accompany the original; however, copies must be provided within 3 business days of the City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. SCH-6 Bid Form & Schedule of Bid Prices of Tamarac Purch<�sin & Contracts ....... Division ._....... ....-.... — -.... -- iv si CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL PARTNERSHIP[—] CORPORATION OTHER If "Other", Explain: Authorized Signature Title Company Name City/State/Zip Fax Number Name (Printed Or Typed) Federal Employer I.D./Social Security No. Address Telephone Contact Person Page 1 of 1 Certification City of Tamarac CERTIFIED RESOLUTION Purchasing & Contracts Division 1, (Name), the duly elected Secretary of (Name of Corp.), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this (SEAL) LIM day of 120 Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be ,followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 Certified Resolution City ofPtircMas.i.n..g. ._ ian ...ramara . ......... ......... ... .. ...& Cnnfracts .l ., si......... OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88th Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. Check One 11 Corporation Partnership Individual 00ther 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: 0 Treasurer's name: g) Name and address of Resident Agent: Page 1 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute, 6. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? ❑ YES 1:1 NO 9. Do you have a complete set of documents, including drawings and addenda? 1-1 YES [:] NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? ❑ YES ❑ NO Page 2 of 5 Offeror's Qualification Statement City of Tarnarac 0 ... ....... _ ........ Pcrrchasing &Contracts D.W.S.ian 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone __ 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Page 3 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank Address Telephone 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? FIYES [:]NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offelor's Qualification Statement Citv of Tamarac & Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20 — , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 5 of 5 Offeror's Qualification Statement Crty. of Tan7ar<ic Pcrrch7sing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of )ss. County of deposes and says that: being first duly swum, 1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of , the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: BY Witness Witness Printed Name Title Page 9 of 2 Non -Collusive Affidavit City of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 2d , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Non -Collusive Affidavit Dc a.r7.... Purchasing& Contracts Division .... VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, certify that this form complies fully with the above requirements. Authorized Signature . Company Name Page 9 of i Drug -Free Workplace of Tamarac1. Purchasing & Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax , Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page 1 of 1 References City of Tama raC ........ , Purchasing & Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor, for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid non -responsive and may cause its rejection. Subcontractor % Total Contractor Name/Address Contract License No. Work to Be Performed Page 1 of 1 List of Subcontractors City of Tamarac ........... .................................Purchasing tracts & CDr7DlVlsl,on, [:-"b :T07 ► I �7 STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Dollars $ lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated , 20 , for: Bid No. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. Page 1 of 2 Bid Bond Signed and sealed this day of IN PRESENCE OF: (AFFIX SEAL) ATTEST: Secretary ATTEST: Secretary *Impress Corporate Seal Principal Business Address City/State/Zip Business Phone Surety* By Title Attorney -I n-Fact* By Page 2 of 2 ,20 Bid Band Acknowledgement AVML ll11 , I 11 Cary of Tamarac t Bond ........ ........ ayrnen FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/ContractlProject No.: awarded the day of , 20 , with OWNER for which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. Page 1 of 3 City of Tamarac Payment Bond ........ ......... 0 ................................. . ............... .... . . ..................... . ....... . ... .. . ....... ... .2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Page 2 of 3 Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone City of Tamarac ACKNOWLEDGMENT FORM PAYMENT BOND State of County of <ayment Bond On this the day of 120 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: of (Title) (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) Page 3 of 3 (Name of Corporation) City of Tamarac FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, CONTRACTOR, and, as Surety, are bound to the OWNER, in the amount of: Performance Bond ...................................... as Principal, hereinafter called City of Tamarac, Florida, as Obligee, hereinafter called Dollars, ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of , 20 , with OWN ER for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated , 20 , for the , within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions; or Page 1 of 4 City of Tamarac Performance Bond 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES Secretary Principal By (AFFIX SEAL) Signature and Title Type Name and Title signed above WITNESSES Surety Secretary By (AFFIX SEAL) Signature and Title Type Name and Title signed above Page 2 of 4 City of Tamarac IN THE PRESENCE OF: Performance Bond t - -- , ., , - I . .. ..... .... . INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: a of (Title) (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or [] Produced identification: (Type of Identification Produced) ❑ DID take an oath, orL1DID NOT take an oath Page 3 of 4 City of Tamarac Band Performance ..... ......... CERTIFICATE AS TO PRINCIPAL 1, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) Page 4 of 4 (Name of Corporation) City of Tamarac Purchasing & Contracts Division APPLICATION FOR PAYMENT Contract Title: Contract/Purchase Order No.: Original Contract Value: Contract Change Order Value: Current Contract Value: Cumulative No. Change Orders: Application for Payment is made, as shown below: 1. Original Contract Sum $ 2. Net Change by Change Orders $ 3. Contract Sum to Date (line 1 (+) or (-) line 2) $ 4. Total Completed and Stored to Date $ 5. Retainage a. 10% of Completed Work $ b. 10% of Stored Material $ c. Total Retainage (line 5a + line 5b) $ 6. Total Earned less Retainage (line 4 — line 5c) $ 7. Less Previous Application For Payment $ (subtract line 6 from prior A.F.P.) 8. Current Payment Due $ 9. Balance to Finish, plus Retainage (line 3 — line 6) $ Submitted by: Date: Contractor Approved for Payment: Date: Project Manager Page 1 of 1 Application for Payment City of Tamarac Purchasing & Contracts Division CHANGE ORDER DATE OF ISSUANCE: _ CHANGE ORDER NO. OWNER: PROJECT CITY OF TAMARAC NAME: 7525 NW 88h Avenue Tamarac, FL 33321-2401 BID NO. PROJECT NO. CONTRACTOR P.O. NUMBER IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: PURPOSE OF CHANGE ORDER: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Contract Time prior to this Change Order $ Net (Increase) of this Change Order Net (Increase) of this Change Order Contract Price with all approved Change Orders Contract Time with all approved Change Orders RECOMMENDED APPROVED APPROVED BY BY BY Director City Manager Contractor Date Date Date City of Taniarac Purchasinv & Contracts Division FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF FLORIDA: COUNTY OF BROWARD: The undersigned contractor, under a certain contract with the City of Tamarac, dated PROJECT: 20 , in connection with the following public work: CONTRACT NO, does hereby acknowledge receipt of the full contract price of $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by _. has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and subcontractor regardless of their tier. IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this day of , 20 Signed, Sealed and Delivered in the Presence of: Corporate Secretary Signature Type Name Contractor President Signature Type Name Page 1 of 2 Final Release of Lien City of Tamarac ... _g._ visron Purch �srn &Contracts r ..... .... ACKNOWLEDGMENT FINAL RELEASE OF LIEN State of Florida County of Broward On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Release of Lien Acknowledgement Cityof Tamarac Purchasing and Contracts Division _-._..,..............----.......--..--....---...._.-_........................... - ---- _ _- _ ....... ........ .,..,,._ ,, __ -- -- _ _ - - ........_-..,,..�....W_ .------_.... ..... SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of 20_ by and between the City of Tamarac, a municipal corporation, with principal officeslocated at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and a corporation with principal offices located at (the "Contractor') for the replacement of the emergency generator at fire Station No. 78 and to properly complete the project as specified in Bid No. 04-23B. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of Bid No. 04-23B bid documents, (General, Special and other Conditions), drawings and specifications, all addenda issued prior to, and all modifications issued after, execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the contract documents and Bid No. 04-23B, as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary as indicated in the specifications herein. b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Page J of 7 Sample CantractorAgreement City of Tamarac Purchasing and Contracts Division 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this term Agreement shall commence after the City's issuance of a Purchase Order and Notice to Proceed. The Notice to Proceed will indicate a commence date to begin the project work. 5) Contract Sum The Contract Sum for the above work is cents ( ). 6) Payments Dollars and Payments will be made in accordance with contract documents and Bid No. 04- 23B. Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. 8) Warranty Contractor warrants the work against defect for a period of one year(s) from the date of completion of work. In the event that deflect occurs during this time, Contractor shall perform such steps as required in Technical Specifications and Terms and Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. Page 2 of 7 Sample Contractor Agreement of Tamarac . . . .. ...... . . ... .... 0 .-__--_-_._--.____Purchasing and Contracts Division All portions of the Project are to be completed according to the schedule. Once all work has been completed on a grouping of roadway segments, and the City has indicated, in writing, the final acceptance of landscaping, irrigation, brick paving, and electrical work within said grouping, maintenance of the said roadways will be entirely the responsibility of the City. Contractor will be responsible for the coordination of all work to complete specific grouping of roadways before other groupings are commenced. The one (1) year warranty period for the Project does not begin until substantial completion of the entire project and the Payment and Performance Bonds are released. 9) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non- discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor Contractor is an independent Contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. Page 3 of 7 Sample ContractorAgreement 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at th^ following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force expenditures provided for in the Agreement hav e and effect only as long as the been appropriated by the City ._ . +_ _ __-__-- Sample Contractor Agreemenf a S. (, y'1! i Ilr1 Ii<,r I r r , .:`7 �., it !,�•ltrl �`� l�r rw .. 2 Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 5am.'e Contractor Agreement y _ Purchasing and Contracts Division araC............ T -- of clYn,..._.......------.-._..._,.._....-.-._—....._.......---------_......,..__._........ IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and signing by and through its duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date Page 6 of Sample Contractor Agreement City of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: SS COUNTY OF and Contracts Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 20_ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Fade 7 of 7 Sample Contractor Agreement Z ' W W v a J a W 0 F- m W Z 40 O ►r Z W 2 w W ti a F- W LL LL 46 o J Q U ZJ U a LU r �7 J a 0 IL V) ui a z a a m 2 0 (L) a a w J O a. Q. a z O N g O V O h- W a J V LL LL O z M a U) m a m N O Z m x W L O cc F- T !Q COMPANY NAME: (Please Print):_�,�irt_��-�" L�&�(:A-Y# (ro ti--k L, Tyi Phone: 51r I I � �` �� --- Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. ' 2. ❑ Properly fill out the Bid Forms and the Schedule of Bid Prices. 3. ❑ Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 1 4. ❑ Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. 5. ❑ Fill out the Offeror's Qualification Statement. ' 6. ❑ Fill out the References page. 7. ❑ Sign the Vendor Drug Free Workplace Form. 8. ❑ Fill out the List of Subcontractors. 9. ❑ Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. ❑ Fill out and sign the Certified Resolution. 11. ❑ Include proof of insurance. 12. ❑ Include copy of State Certified or County Competency License(s) Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. BF-? Cit of Tamarac Purchasing and Contracts Division _ ---- -_ -_ _ BID FORM BID NO. 04-23B ' REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO.78 ' Tamarac is hereby requesting Bids, from qualified vendors, for the The City of Y replacement of the emergency generator at Fire Station No. 78. ' considered for this project, the Bidder shall possess, at time of bid In order to be co p J opening, one of the following State, County or equivalent licenses: ' A State Certified General Contractor or Certified Electrical Contractor with 1. at least five (5) years of verifiable full-time successful experience on similar size and scope projects. OR 2. A County Competency Master Electrician license with at least five (5) years of verifiable full-time successful experience on similar size and scope projects. s in conformity We propose to furnish the following item Y with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be ' correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in.nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 01025 of the 1 Technical Specifications. See Schedule of Bid Prices on the following pages. L SCH-1 11 Bid Form & Schedule of Bid Prices I G 1 1 1 1 1 1 1 1 r 1 SCHEDULE OF BID PRICES (continued) BID NO. 04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO. 78 The Contractor shall submit a detailed price breakdown to the Engineer at the pre - construction conference. The price breakdown as reviewed and agreed upon by the Contractor, Engineer and Owner shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of the work and a price for each item. Price breakdown shall be by Specification Section for each area of the project. Overhead, other general costs, and profit shall be prorated to each item so that the total of the prices for all items equals the lump sum price. The price breakdown shall be subject to the review of the engineer, and the Contractor may be required to verify the prices for any or all items. NAME OF BIDDER:.'-Ci-tCy CD SC;H-3 Bid Form & Scheduic of Bid PricE ... .. ... . . .... .. BID FORM (continued) BID NO. 04-23B REPLACEMENT OF EMERGENCY GENERATOR AT FIRE STATION NO. 78 The City reserves the right to reject any bid, if it deems that a vendor has deliberately, provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in ,the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Company Name 4.j e, Address XA wo)-Ce- City, State, ZIP Contractor's License Number I I I I I 4Aorized',�,Sgnature— Typ!�d�/PftiN Telephone & Fax Number Federal — Tax 2xi 4 Bid Form & Schedule of Bid Prices r g` ... . . . ... ... ' CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID ' We (1), the undersigned, hereby agree to furnish the item (s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the I 1 1 1 Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL PARTNERSHIP If "Other", Explain: tAtthohzbe Signature.-' IKIr Company Name P Y City/State/Zip Fax Number CORPORATION I '� OTHER[] Qri ancb .:r- 6ramo Name (Printed Or Typed) Ij (�S- O rE 6 r Federal Employer I.D./Social Security No. Address Telephone ►--ilC.i,r �—CL.4. Contact Person .. . .. . ..... .... .. . .. .. . ....... ........ . ... . ...... . Page , of 1 / 1 rnM9 .• f � CERTIFIED RESOLUTION Ni ;-� (Name), the duly elected Secretary of he laws of ;;c v,,� ' -1-J4 Name of Corp.), a corporation organized and existing under t the State of L LL r' d do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at ' a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED, THAT �'��` ^° ���'�``'`�"6 (Name)", the ' duly elected % 8p— _ (Title of Officer) of (Name of Corp.) be and is hereby authorized to execute and submit a Bid and or Bid Bond, if such bond is required, to the City of Tamarac and such other ' instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of ' those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. ' I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded" ' I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. 1 7 11 NAME TITLE SI ATURE hand and the Seal of the said corporation this day OfC �•t. g Given under my . By (SEAL) Secretary 4 *e4lc�� Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. P, Cerlrrec'Re- sc)un:r, rr ' OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of ' all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager ' 7525 NW 88th Avenue Tamarac, Florida 33321 rL Check One Company: S U � G F. ilvhz . O Corporation Contact Name: �%�'l(�-nG ���-nc '7�. _ , Address:5.3:-L-_Y0Partnership City, State, Zip C f�.. -.. - . --- Individual Telephone No. Fax No.(}- Other. ' 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place ' of business. The correct name of the Offeror is: _.. ..__. _.......................... ... .__.... .. -- ' The address of the principal place of business is: sr � ► � J Jchec ........_�-... 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name:Pe�c�n d) Vice President's name: 2J►{_._ e) Secretary's name: _.. . ' f) Treasurer's name: do g) Name and address of Resident Agent:. __....... __._..---- Page t of 5 Offeror-'s QLIalificatiorl 5tate07ent rn '1 M r' pl i c•. .1 11. Have you ever failed to complete any work awarded to you? If so, state when, ' where and why: NO ....................... ........................ ............... . r .......................................................... 12. State the names, telephone numbers and last known addresses of three (3) ' owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). ss AddreTele hone Name VL �d'� k. �- r. �..trrnr j /��" y/��•, ,}..� ) y� • /(p(O .:tea. ' T ' '�•+ r13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). .... . ........... . -a- -,n . ...... . .... . .... .. ... ........ .. 11 .......... . . ............ I . .......... . . .............. ...... .. .... . . . . ... .... . . . .... ....... . .. . ...... . ....... .. .. ...... ... ... .......... . . .. . . ........ . ... ... ....... .. ... .. .. ..... ... ... ......... ...... . I . .. . ........... ".." ......... .......... ............ .. .. .. ...... .... .... . ........ .................. 14. St ate the name of the individual who will have personal supervision of the work: business of the Offeror: State the name and address of attorney, if any, for the bus' ror: 1................................. ._.........._.._... ___---....,......_.._....._--.............._._..........---...__.._..._._.... _........._----._-....._._.. _. _.__.---.._..__.___.._.---... _.._._-.---- C�;feror's ©uatiftcatinn Strtement Page 3 of .5 The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Sig ure ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of floz.,C44- County of c t,) - 7 � /m /�? c On this the day of , 20 ,before me, the undersigned Notary Public of the tate of Florida, personally appeared �a' 1G10 04,4"J and Names of ind idual s who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. IWITNESS my hand and official seal NOTARY PUBLIC SEAL OF OFFICE: ■ C'�J9' �, ",�r1ll� � , OTARY PUBLIC, STATEdbF FLORIDA AZi C4 _ (Name of Notary Public: Print, Stamp, or Type as Commissioned, Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 1 -------_......_.......... ...... ......................__...-...-...............---._..... ._w .___....__..._ P ;Irac- M of `i Offeror :s Qualification Statemer r:: x c C;;iy NON -COLLUSIVE AFFIDAVIT r State of ) )ss. County of 4 being first duly sworn, deposes and says that: QC Owner, Partner, Officer, -� � � '*F epresentative or Agent) of ' C ;the Offeror 1. He/she is the that has submitted the attached Proposal; 2. He/she is fully informed respecting reshe petion cting ng sdcontents of uch Proposal; the attached Proposal and of all pertinent circumstancesP 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any �! way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, g sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any j other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in theattached nivance,l are fair or unlawful proper agreement d are not an the tainted by any collusion, conspiracy, part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Sig d, sealed a d delivered in the presence of: j Witness Y ted Nam r '... ................. I .. ..... . ... .. ...... ....... ...Page...; of 2 Non ....... -Collusive Affidavit AY of I lmolM1._!vY i VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. 04LL--*0e;21/W &:�� AAuthized Signature Company Name _.... ...... age 1 of 7 Drug -Free Workplace h 1 1 11 1.1 1 a 1 F 11f nM� REFERENCES Please list government agencies and/or private firms with whom you during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name Address City State Zip Phone/Fax Contact Name A enc /Firm Name Address City State Zip Phone/Fax Contact Name Aggac.1r/Firm Name Address City State Zip Phone/Fax Contact Name Agency/Firm ame: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name have done business ............. -r .l.. ........._ 6� �1...................................._....... i �..7i __ _...__._ ....----...---- .._.._....._..._.__.. __....__ .�._._._...__._._._........---......�......__.__.._._.__ ._._._._ _ _..----._-__.._ . �.�_ References n 1 1 1 1 1 1 r „ LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid non -responsive and may cause its rejection. Subcontractor % Total Contractor Name/Address Contract License No. Work to Be Performed U Al Page i of 7 Lisi of Sub co171rac(or,: CONSTRUCTION QUALTTY CONTROL INC. BALANCESHEET JUKE 30, 2004 ASSETS CURRENT ASSETS Cash Contracts receivable Total current assets PROPERTY AND EQUIPMENT — NET LIABILITIES AND 5TOCKHOLDERS' EQUTX CURRENT LIABILITIES Accounts payable —trade Billings in excess of costs and estimated earnings on tmoompleted conU-"ts Total current liabilities STOCKHOLDERS' EQUITY Common stock — 500 shares of $1 par value authorized, issucd and outstanding Paid -in capital in excess of par Retained earnings $ 500 15,910 65,616 Read Accountants' Compilation Report 3 $ 143,347 92 329 225.676 40,056 $ 265,732 $ 164,524 I 182 183,706 $2,026 $ 265,732 CONSTRUCTION QUALITY CONTROL INC. STATEMENT OF INCOME AND RETAINED EARNINGS FOR THE SIX MONTHS ENDED JUKE 30, 2004 Contract revenues earned Cost of revenues eamed Gross profit General and administrative expenscs Net Income Accumulated deficit at the beginxAng of the year Dividend distribution Retained earnings at the end of the six months Read Accountants' Compilation Report 4 S 1,181,819 1,034,353 147,466 33,383 114,083 (16,834) Q1,633) S 65,616 4 City of Tamarac r r ,Committed to Excellence... Always" Purchasing and Contracts Division ADDENDUM NO. 1 FIRE STATION NO.78 EMERGENCY GENERATOR REPLACEMENT BID NO. 04-23B DATE OF ADDENDUM: JULY 15, 2004 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for the easmullg and completely asncy Generator eplacement this same weeretat fully set re Station No. 78, Bid No. 0 Y forth therein: 1. Page GTC-1 (General Terms & Conditions cover page). Delete the sentence under, Invitation For Bid which states, "*This form MUST be completed and signed below, and return with your bids'". 2. Page GTC-1, under, Sealed Bids, change the third word in the first sentence from "MUST" to "SHOULD". Also, the required information to be shown on the face of the sealed envelope is simply the Bid Number. The Bid Title, Time and Date of the Bid Opening information is now optional on the face of the sealed bid envelope. The balance of the referenced required information in this paragraph remains as stated. All other terms, conditions and specifications remain unchanged for Bid No. 04-23B at this time. This addendum should be signed below and returned with your bid. NAME OF BIDDER: -- 7525 NW 88th Avenue a Tamarac, Florida 33321-2401 ■ (954) 724-2450 0 Fax (954) 724-2408 Of www.tarnarac.org Equol opportunity Employer Or YAM City of Tamarac "Committed to Excellence... Always" 0 Purchasing and Coniracis Division ADDENDUM NO.2 FIRE STATION NO.78 EMERGENCY GENERATOR REPLACEMENT BID NO.04-23B DATE OF ADDENDUM: JULY 23, 2004 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for the Emergency Generator Replacement project at Fire Station No. 78, Bid No. 04-23B, as fully and completely as if this same were fully set forth therein: 1. Delete Paragraph B. under Section 16203, Sub -section 2.04 DIESEL STORAGE DAY TANK, SUB -BASE MOUNTED, TANK All other terms, conditions and specifications remain unchanged for Bid No. 04-23B at this time. This addendum should be signed below and returned with your bid. NAME OF BIDDER 4t-) -hvk)` �14 7525 NW 88th Avenue Ai Tamarac. Florida 33321-2401 w (954) 724-2450 F. Fax (954) 724-2408 k www.tomarac.org Equal Opportunity Empbyer Purchasing and Contracts Division City of Tamarac ,Committed to Excellence... Always" ADDENDUM NO. 3 FIRE STATION No. 78 EMERGENCY GENERATOR REPLACEMENT BID NO.04-23B DATE OF ADDENDUM: JULY 26, 2004 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for the Emergency nd completely aseplacement this same weeretfullyat Fs t ire Station No. 78, Bid No. 04-23B, as fully om P forth therein: d until further 1. The Bid Opening Date of July 8tadd00itio alabideclarfcaten tonewill be issued notice. The new opening date with shortly in Addendum No. 4. All other terms, conditions and specifications remain unchanged for Bid No. 04-23B at this time. This addendum should be signed below and returned with your bid. NAME OF BIDDER: `{- 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomarac.org Equal opportunity Employer o R Iro�� Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NO.4 FIRE STATION NO. 78 EMERGENCY GENERATOR REPLACEMENT BID NO.04-23B DATE OF ADDENDUM: JULY 28, 2004 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for the Emergency Generator Replacement project at Fire Station No. 78, Bid No. 04-23B, as fully and completely as if this same were fully set forth therein: The revised Bid Opening Date is Wednesday, August 4t', 2004 at 4:00 pm local time. All bids must be received in the Purchasing Office, Room 108, at 7525 NW 88th Avenue, Tamarac FL, 33321. Late bids shall not be accepted. The following information is provided in response to questions received by a plan holder for the Tamarac Fire Station No. 78, Generator Project. The following points relate to the points contained in the Contractor's questions. 1) The bid document references a page ITB 2 (Instructions to Bidder), on the Table of Contents page however, there is no Page ITB 2. Instructions to Bidder section is Page ITB 1 only. 2) The drawing E-2 indicates the demolition of two 2-pole — 225 amp circuit breakers in the existing one -line diagram. These circuit breakers are not to be demolished, but are in fact to be reused as indicated in the proposed one -line diagram. Addendum Text: Modify drawing E-2 as follows: In the existing one -line diagram, remove the cross hatch and demolition text related to the two existing two -pole, 225 amp 7525 NW 88th Avenue Fs: Tamarac, Florida 33321-2401 p (954) 724-2450 v Fax (954) 724-2408 V www.tamarac.org Equal Opportunity Employer i p'F TAB? 1 i Rt4pr Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" Page 2 circuit breakers. These circuit breakers shall be reused as indicated in the proposed oneline diagram. 3) Drawing E-2 indicates the proposed AIC rating of the ATS as being 25 KAIC. Addendum Text On E-2, the ATS KAIC shall be changed from 25 KAIC to 14 KAIC minimum. Modify Specification 16250, 2.01, C, 10, replace 30,000 with 14,000. 4) The wall mounted ATS is acceptable. The generator control panel shall be a standard generator control panel as provided by Caterpillar, Kohler or Cummins in agreement with the standard product line. The unit shall be in agreement with the NFPA 110 requirements. No special or additional features shall be required. 5) Provide a remote annunciator system per NFPA 110. The remote annunciator shall be located adjacent to existing panelboard "E". Contractor shall install all conduit and wire for a complete and functional system for the remote annunciator system. Addendum Text: Section 16203, Generator (exterior enclosed) with integral base tank. Paragraph 2.01, D — add the following text to the end of the paragraph: Generator vendor shall provide a remote annunciator panel per NFPA 110. The Installation Contractor shall provide and install all conduit and wire for a complete and functional system. The remote annunciator system shall be installed within the building at the location of existing panelboard "E". 6) Contractor shall use the standard voltage regulator typically provided with generators of this KW size product line. The digital voltage regulator, if not part of the standard product line shall not be required. U �Ct a� 4 o,;.n Purchasing and Cc;nirafa§"ion City of Tamarac "Committed to Excellence... Always" 7) The vacuum pressure impregnations of the generator windings shall not be required. Contractor shall provide standard epoxy dipped and baked, insulated alternator. 8) A U.L. 142 base tank shall be provided as specified. 9) Equal manufacturers are allowed to bid. Submittals shall be expected to Same response as No. 6. 10) Other manufacturers including the named generator set may provide enclosures. Enclosures shall meet U.L. 2200. Bidders are required to submit information for, review and approval. All other terms, conditions and specifications remain unchanged for Bid No. 04-23B at this time. This addendum should be signed below and returned with your bid. NAME OE BIDDER: City of Tamarac .� "Committed to Excellence ... Alway5" Purchasing and Contracts Division ADDENDUM NO. 5 FIRE STATION NO. 78 EMERGENCY GENERATOR REPLACEMENT BID NO. 04-23B DATE OF ADDENDUM: AUGUST 2, 2004 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for the Emergency Generator Replacement project at Fire Station No. 78, Bid No. 04-23B, as fully and completely as if this same were fully set forth therein: The Bid Opening Date remains Wednesday, August 4th, 2004 at 4:00 pm local time. All bids must be received in the Purchasing Office, Room 108, at 7525 NW 88th Avenue, Tamarac FL, 33321, Late bids shall not be accepted. The following information is provided in response to a plan holder's request for additional clarification for the Tamarac Fire Station No. 78, Generator Project. Question 1. Does the base tank have to be vaulted? Answer 1. The base tank does not have to be vaulted, but it must be a steel, double walled tank complying with UL 142. Question 2a. Please indicate what question of our 7/23/04 (Request for Information) RFI is this answer referring to? Answer 2a. This answer refers to question number 11 of the 7/23/04 fax and refers to equivalent fuel system control panels. The answer is that equal manufacturers are allowed to bid and that submittals shall be expected to indicate equivalent functions and are subject to the review of the engineer. Question 2b. Please indicate what question of our 7/23/04 RFI is "Same response as No. 6" referring to? 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamorac.org Equal Opportunity Employer City of Tamarac ,,Committed to Excellence... Always" Answer: 2b. This response referred to question number 12 of your 7/23/04 RFI. The answer is that, "the generator control panel shall be a standard generator control panel as provided by Caterpillar, Kohler or Cummins in agreement with the standard product line. The unit shall be in agreement with the NFPA 110 requirements. No special or additional features shall be required". All other terms, conditions and specifications remain unchanged for Bid No. 04-23B at this time. This addendum should be signed below and returned with your bid. •62 NAME OF BIDDER: Armando F. Arango President, Construction Quality Control, Inc, CREDENTIALS: • Florida Certified General Contractor CGCO57697 • US Army Corps of Engineers Quality Control Engineer • US Navy Nuclear Propulsion Engineer, Quality Assurance Supervisor PROFILE: • Management knowledge encompasses computerized data and financial management, business planning, report writing, comparative cost analysis, sub -contractor selection and negotiations, safety training and motivation, lease and sale/purchase negotiations, labor relations, project budget and value engineering. • Technical knowledge encompasses building codes, abatement, environmental hazards, HVAC, plumbing, electrical, roofs/exteriors, elevators, TI, subcontracting and contract administration. • Computer skilled for project management, construction management, scheduling, budgeting and cost estimating. IE (Primavera, Cost Works, Costwork, SSD, Pay Dirt, Excel, MS Project & Word, Prolog, etc.) • Fluent in English, Spanish and conversational French and Portuguese. CAREER: CONSTRUCTION QUALITY CONTROL, INC (00-Present) • President, General Contractor TERREMARK WORLDWIDE, Sr. Project Manager Latin America, Sr. Project Manager TECOTA & Global Crossing (00-01) • Research and site selection for development of NAP in Latin America. • Due diligence and facility selection for Global Crossing in Mexico D.F CONSTRUCTION MANAGEMENT SERVICES, Construction Manager/Estimator (99-00) • HBO Latin America, Construction Manager/Owners' rep. • Dade, Broward and Palm Beach County Schools, and MIA, MEP Estimator THE GNOME GROUP. General Contractor (97-99) + Multiple Telecom Switch Facility Tenant Improvements. (Star, Star/Pae-Tec, North American Telecom, Teleglobe, Startec Global Communications) ATLANTES INTERNATIONAL GROUP General Contractor (90-97) • Multiple technical and high profile projects varying in size and magnitude. Florida, Caribbean, South America. • Prepared $300million Theme Park/Resort master and business plan while also obtaining Government approval and support. U.S. NAVY, Propulsion engineer & QA supervisor on board 2 Nuclear Submarines (84-90) Responsible for engineering plant and quality assurance program. Armando Arango, resume Page 1 of 2 SKILLS & ACCOMPLISHMENTS: • Project Management specializing in hi -rise condominiums, Telecom, Network Operations Control Centers, Technology, Post Production, Recording and Sound Stage facilities. • Managed breaking of 3 world records. 1) Most slab -off -grade and columns poured in one week, 2) Greatest amount of pre -cast joists set in one week, 3) Greatest amount of rebar set in one week • Leadership of more than $500 million in total capital improvement projects. • Excellent skills in managing cross -functional design, engineering and project teams. • Management of corporate construction projects from inception to build -out for both existing and new facilities in the U.S., Caribbean, & Latin America. • Expertise in all core operating, construction, maintenance, process and quality management. methods. • Completed high-rise conversion, 125,000-sq. ft., $2 million from high voltage to low multiplex system. Also includes hurricane preparedness and response plans. Restored 85 buildings to service after Hurricane Hortensia in Puerto Rico: civil engineering inspections, epoxy injection, structural upgrades, and cosmetic patching. • Designed switchgear and standby generator maintenance program. Managed over 100 special projects such as installation of standby generators and large-scale U.P.S. systems. Knowledge of large electrical distribution systems. ADDITIONAL EDUCATION.• • Construction management • Quality Assurance, Leadership and management school, Gas free engineer, Virginia Beach, VA. • Nuclear Power School, Orlando, FL. • US Navy Propulsion Engineering School, Great Lakes, IL. MAJOR PROJECTS.• • The Slade, 200 Unit Hi -rise 30M W. Palm Bch. FL. • Villa Lofts, 48 Unit Hi -rise 10M W. Palm Bch. FL. • The Prado, 312 Unit Hi -rise 62M W. Palm Bch. FL_ • Teleglobe Communications Corp. $96M Miami, FL., Atlanta, GA. • Technology Center of the Americas* $54M Miami, FL. • NAP of the Americas * $83M Miami, FL. • Global Crossing, NAP of Miami'* $29M Miami, FL. • Global Crossing, NAP of Mexico $28M Mexico, D.F. • Startec Global Communications $6M Miami, FL. • Pae-Tec Communications $2.3M Miami, FL. • Star Telecom $5.6M Miami, FL. • Bell South $2.6M&up Multiple sites, FL. • H.B.O./L.A.P.S. $14M Sunrise, FL. • Post Edge Productions $8.5M&up Multiple sites, FL. • Blockbuster Headquarters $l 5M Ft. Lauderdale, FL. • Mt. Sinai Hospital Energy Building $4.5M Miami, FL. • Broward County Court House, Emer. Gen. $2.8M Ft. Lauderdale, FL. * Built and managed simultaneously. Armando Arango, resume Page 2 of Lenin Roberto Hernandez, E.E., C.E.M. 2111 N.W. 105 Terrace, Pembroke Pines, FI. 33026 954-441-0667 SUMMARY Dynamic 13-year professional career managing, marketing and selling electric power generating product: within a competitive So. Florida market. Expert in building to"roducing sales organizations through strategic market, tactical sales, and key account management. Outstanding record of achievement in account and contract negotiations. Excellent technical communicator coupled with an ability to actively manage change. Demonstrated achievements in: Key Acvount Relationship Management . Sales Training & Development Strategic Sales and Market Planning a Regional Budgeting & Forecasting • Competitive New Product Launch • Pricing A Service Management Computer Skills: Windows. MS Office, AutoCad, Internet, PROFESSIONAL EXPERIENCE PANTROPIC POWER PRODUCTS, INC., Miami, FI 10/2000-8/2003 Blusineas Development Manager. 6/20034 2003 Responsible for creating and developing the company's international electric power and industrial pump business using Caterpillar products. Find and work with in -country partners, ropresentativ= and sub -contractors to market and sell shM-term independent power planter. Electric Power Sales Manager.10/2000-6/2003 Responsible for the performance of the $12 million electric power department inducting sales, engineenng, revenue and expenses. Devdlupead, kwecasted, budgeted. and implemontiod annual profit and Ices statements, reporting directly to the company president: Managed electric power sales and engineering personnel covering 13 contiguous So. Florida counties with over 1400 customer accounts and an average of 100 Caterpillar generator sets sold per year- Tracked and managed sales margins by account, account manager, and model on a monthly basis for the 280 largest mmunts:. Strategized and managed all vendor reludorishirm to maximize competitive edge and product positioning. Assign sales and revenue goals for the 13 county area and five account managers. Managed and oversaw the performance and skills of the four project managers. Trained s count managers and project managers on technical and sales aldlla required in the industry. Write reviews fox all direct reports, evaluate annual perfomtence, and hire new personnel. • Developed and implemented a series of cost reduction/cost avoidance programs. • Created a comprehensive electric power industry cap report and opportunity tracking system. • Reconfigured the project management team to maximize the efficiency and skills of each project mana0Pr • Established Pantropic's Turnkey Generator Sales Process Personally developed a joint national marketing strategy with Centex Construction Group of Plantotlon, FI. • Assisted salespersons with several deals over $/ million_. • Achieved record high department net profits on the first year of becoming Sales Manager. Confidential Page 1 of 3 Lenin Roberts Hernandez GENERAL ELECTRIC, Schenectady, NY 1011999-10/2000 Business Manager Responsible for marketing and selling electric power generators in the Southeastem region of the US avid the Caribbean for General Eloctric's new Distributed Power group ((-',FDP). Spedalized on GEDP's natural gas engine driven electric generator offering, Jenbacher. Developed Combine Heat and Power (CHP) opportunities in the Southeast USA, primarily in the healthcare industry. Marketed the new product introduction among the General Electric karuly of companies and GE Power Systems' utility customer base. Accom lishme • Created a process and tool to perform a feasibility study on Combined Heat & Power opportunities using the. "spark sprcod". • Generated a report on the Distributed Power market for the Southeastern Region PANTROPIC POWER PRODUCTS, INC., Miami, FI. 9/1 M-10/1999 Sales Engineer Responsible for the marketing and sales of all Caterpillar products in the So. Florida tri-county are* of Dade, Broward and Palm Beach, Budgeted product sales of $4 million annually. Provided technical support and Information to Professional Engineering community, and Influenced favorable Caterpillar specifications. Managed contractor, and end user, accounts by generating quotas and closing sales transactions. AgoomplishMftats • Sold the first, and only, Caterpillar Medium Speed 3.3 MW Generator Set, Model 3616, in Pantropic's history. • Achieved the record highest annual sales of $ 8 million per single salesperson in the history of Pantropic's Electric Power Generation Sales Department • Spcoifiod and sold the first now 1760 kW Caterpillar Cnrrtaiinprized Power Module booked by Pentropic. • Obtained an excellent working relationship, and favorable acceptance of Caterpillar products, with the engineering community. POWER DEPOT, INC., Miami, FI. 3/199148/1994 Sales Engineer Respurisible for the marketing and sales of all Kohler Power Systems products in the So. Florida counties of Dade and Monroe. Budgeted product sales of $2 million annually. Provided technical support and information to Professional Engineering community, and influenced favorable Kohler specifications. Managed contractor, and end user, accounts by generating quotes and dosing sales transactions. Performed project management duties such as preparing submittals, submittal advocacy, equipment ordering, equipment delivery and commissioning scheduling. Provided field -engineering services for startup, training and troubleshooting. Accomplishments • Implemented Power Depot's online factory pricing process • Doubled the annual sales goal of $2 million by third year on the job • Achieved Power Depot's first turnkey sale Confidential Page 2 of 3 Lenin Roberto Hernandez EDUCATION Bachelors of Science in Electrical Engineering Florida International University, Miami, FI, -1991 Certified Energy Manager 09802 The Association of Energy Engineers (AEE), Atlanta, Ga. - 2002 Masters in Business Administration Phoenix University, Plantation, Fl. -- Expected Completion: 2004 PROFESSIONAL K0hW Power Systems Sales Training, Kohler Wisconsin - 1993 Kohler Power Systems Service Training, Kohler Wisconsin -1993 Caterpillar EPG Sales Training, Lafayette, III. -1996 Caterpillar Medium Speed Yraining, Lafayette, Ill_ - 199B Jenbacker Sales and Engineering Training, Jenbacher, Austria -1999 General Electric Six Sigma Training, Atlanta, GA. - 2000 General Electric Contact Negotiations, Atlanta, GA. - 2000 Caterpillar EPG Griffin Product Training, Griffin, GA - 2001 Association of Ermigy Engineers Certified Energy Managers Training, Miami, FI. - 2002 Caterpillar UPS Product Training, Austin, Texas - 2002 Caterpillar Fuel Cell Product Training, Danbury, Connecticut - 2003 PROFESSIONAL AFFILIATIONS Electric Generating Systems Assoeigtion (EGSA), umber Association of Energy Engineers (AEE), Member References Available Upon Request Confidential Page 3 of 3 Ca w' ` STATE OF FLORIDA AC# iJ G:1 0 L 'DEPARTMENT OF BUSINESS AND MV PROFESSIONAL REGULATION QB25532 05/19/03 200401520 QUALIFIED BUSINESS ORGANIZATION CONSTRUCTION QUALITY CONTROL INC (NOT A LICENSE TO PERFORM WORK. ALLOWS COMPANY TO DO BUSINESS IF IT HAS A LICENSED QUALIFIER.) IS QUALIFIED wader the Provision of Ch.489 ts, xxpiralion dates AUG 31, 2005 L03051900157 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ARANGO, ARMANDO FRANCISCO JR 6283 ONSTRU1TI TERQUALITY CONTROL INC LOXAHATCHEE FL 33470 DETACH HERE (850) 487-1395 STATE OF FLORIDA AG# J, LI _ r! c `' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION �CGCO57697 06/23/04 030729290 CERTIFIED GENERAL CONTRACTOR ARANGO, ARMANDO FRANCISCO JR CONSTRUCTION QUALITY CONTROL INC IS CERTIFIED under the provisions of ch.489 Fs" aviratien dale: ALUG 31. 2006 L04062301913 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#Lo4o523019]3 R, kl�- LICENSE NBR )6 23 2004 030729290 ICGCO.57697 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2006 ARANGO, ARMANDO FRANCISCO JR CONSTRMIAMIUCTION WAY CONTROL NTROL INC MIAMI LAKES FL 33014 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW DIANE CARR SECRETARY 2004-16874 STATE OF FLORIDA OC-032 PALM BEACH COUNTY CLASSIFICATION OCCUPATIONAL LICENSE EXPIRES: SEPTEMBER - 30- 2004 CONSTRUCTION QUALITY *' LOCATED AT CNTY $26.25 CONTROL INC ARANGO ARMANDO 6283-181 TERRACE NORTH LOXAHATCHEE FL 33470 TOTAL $26.25 Is hereby licensed at above address for the period beginning on the first day of October and ending on the thirtieth day of September to THIS IS NOT A BILL - DO NOT PAY engage in the business, profession or occupation of: GENERAL CONTRACTOR PAID. PBC TAX COLLECTOR CGCO57697 $26.25 OCC 82914338 03-09-2004 JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTE❑ BY TAX COLLECTOR, PALM BEACH COUNTY TAX COLLECTOR oil ■ 1: ig�wvSAW, --w flue .01 04 05: 4 1 p Construction QC, Inc. (561)792-3517 p.e r � . 110 :QL�+ STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, CONSTRUCTION .QUALITY CONTROL, INC. as Principal, and Develo ers Surety and Indemnit Company—.- as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Fi-�7e Percent of Amount Bid Dollars $ 5% of Bid lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated August 3 _, 20 04 for: Fire Station No. 78 Emergency Generator Replacement Bid No. 04-23B NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. ..... _. Ia..,gf, 1 0! 7 8xi Bond Aug 01 CJ4 OS.41p Construction QC, Inc. bEi I J'/!A2 - jb 11 P.j ACKNOWLEDGEMENT BID BOND 4th day of 20 Signed and sealed this Construction Quality Control, Inc. IN PRESENCE OF, Principal 6283 101 -+. Terrace North Business Address (AFFIX SEAL) Loxahatchee, FL 33470 City/state/Zip (561) 792-3512 Business Phone ATTEST: .!Devel pers Suret an Indemnitv Co . M y Secretary Surety VZ 1 ATTEST; By r2enX. Alter As ex Attached Power of Attorney At torne In Fact Secretary Title Warren M. Alter Attorn 'y*-In-Fa t* 6 2YV 'Impress Corporate Seal . ........ . .. Airl Rnnef Ar* .knr),,,vjprjoen POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE. CA 92623 (949) 263-3300 www.InscoDico.cnnn KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY sloes hereby hake. constitute and appoint: *** Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Brett M. Rosenhaus, Kevin R. Wojtowicz, Laura Mosholder, Karen L. DeBardas, jointly or severally *** aS its h•uc and lawful Attorncy(s)-in-Fact, to make. execute, deliver and acknowledge, tin• and on behalf of said corporation as Surety, hOndS, undcrlakings and contracts of st i-etyship giving and granting unto said Attorncy(s)-in-Fact full Power and authority to do and to perRa•nn every act necessafy. requisite or proper to be done in connection therewith as the corporation could do, hilt reserving to the corporation full Power of substitution and revocation. and all of the acts of said Attorncy(s)-in-Fort. pursuant to these presents, arc hereby ratified and confirnncd. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective ns of November I. 2000: RESOLVED, that the Chairman of the Board. the President and any Vice Presidenl of the corporation he. and that each of them hereby is, authorized to execute Powers ofArtorney, qualifying the Attorney(s)-in-Fact named in the Powers ofAuorney to execute. on behalf ofthe corporation, bonds, uncleinakings and conh-acis of suretyship: and that the Secretary or any Assistant Secretary of' tile corporation he. and each of them hereby is, authorized to attest file execolion of any such Power ot'Attorney: RESOLVED, FURTI IER. that the signatures of Stich officers may he affixed In any such Power ofAltorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing Such facsimile signatures %hall be valid and hinding upon file corporation when so atlixed and in the future with respect to any bond. undertaking or contract of Suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents it) he Signed by its respective Executive Vice President and attested by its Secretary this I st day ofOctober. 2003. By: C� David H. Rhodes. Executive Vice-Presidenl By: zlc�w Walter A. Crowell. Secretaly STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE 1 AND ;' qJp� pVLP 0 R....6. jpF: .y•: Ca F• OCT. W' 10 cn a; o� 1936 •..,�� •. /owl, •.•�;da On October I, 2003, betore fine, Diane .l. Kawata, personally appeared Davit) H. Rhodes and Walter A. Crowell. Personally known to fine (of- proved to me on the basis ofsatisfileory evidence) to he the persons whose names are Subscribed to file within iosn'ullncnl and acknowledged to fine that they executed the sinnc in their authorized capacities, and that by their Signalurrs on the ilist rumenl the entity upon behalfof which the Persons acted, executed the instrument. WITNESS my hand and official seal ] la DIANE J. KAWATA G .f .•,.. Gy Public 1334746 �, u 3 •��_. NolaryPu6lic California t ORANGE COUNTY Q Signature �. My Comm, Expires JAN. 8. 2006 CERTIFICATE The undersigned, as Senior Vice- Presidenl, Underwriting. of DEVELOPERS SURETY AND INDEMNITY COMPANY, doss herby certify that file foregoing Power of Attorney remains in full tierce and has not been revoked. and fiirlhermorc. that the Provisions of the resolution of the respective Boards of Directors Of Nnid corporation set forth in the Power ol'Attorney, is in Bosse as of the date of this C'ef1ificate. This Certificate is executed in the City of Irvine. C'alifiirnia, the 4th clay of August 1 2004 B l.L� Y Wesley W. Cowl i rigJAcnior Vice -President, Underwri r g ID-143K (DSI) (Rev. 10/03) ,AL;jtfL�,r GhK 1 IrK;A I t Vr LIAWLI 1 T 1ry0UF%At %#F— vaivsisw4 rRoo11�R (305)822-7800 FAX C305) SS8-4294 ON Y CERTIFICATE NO RIG14S UPON THE CERTIFICATE INFORMATION Collinsworth, Alter, Fowler, Dowling & French HOLDER. TFICAT�p MEND,�D R P. 0. Box 9315 HE COVE EBy I ELOW Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC # Lourdes Randolph INSURER A: Evanston Insurance CWan wsuRED Constructiolt Qua ty Con ro , WC. G2a3 1$1 Terrace North IN"ERE: Natio141 Union Fire Ins -_Co. LoXaha%chee, FL 33470 WOURERC: INSURER V. 04SUPER E: V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AEOVE FOR TN TED. NOTWITMSTA� HE POLICY PE�OD NOX:A ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DDGUMENT WITH RESPECT TQ WHICH THIS GERTIPICATE MAY BE ISBUED OR MAY PERTAIN, THE INSURANCE AFFORDED 9Y riiE pOLICIE3 DESCRIBED HEREIN IS g(18JEGT TO ALL THE TERMS, EXCLUSIONS AND CpNDITIONS OF SUCH POLICIES• A(sGREGATE LIMI73 SHOWN MAY HAVE BEEN REDUCED BY PAID C��S. FFECTI� �� ��� �� um TYPEDF ISURANCE rvw• CW90100160A n o%/ a6/xooa 076/zQOs EACH oC OURRiNCE : GENERAL LIASLITY S x COMMlRCML GENERAL LIASILTTY MED EXP (Ally eMs P CLAIMS MADE a OCCUR PERSONAL a AOV INMY S I A GENERALAGOREGATE S 2 PRODUCTS • CoMP/DP AGG S 2 GEpI AGGREGATE LIRM�I}T APPLIES PER: POLICY X JECT LOC XGO 21 1#1 0a/14/2004 0814/260s gOMDINEOnISINGLEIwIrr = ,µ1T0u0MILENAMLITY ANY AUTO ILp.Ran S All OWNED AUTO$ B SCHEOULEO AUTOS eDDLrNuuRv E X HIRED AUTOS (Pwrce7dFMI X "WOWNEO AUTOS PROPERTY DAMAGE S IP�t�edd�m) AUrroCNLY.EAACCIDENT S GARARE LIABUTY OTHER THAN EA ACC $ S AUTO AUTO ONLY: AGG EACH OCCURRENCE $ -U]ANY EYCEEIM MORELIA I.VJ LITY AGGREGATE S OCCUR CLAIMS MADE S DEDUCTIBLE s RETENTION S STA WOR�M�E.R.�S� W�rpo"SATION AND E.L. EACH ACCIDET s �LOYERV LNUMN.RY ANY PROPRIETORIPARTHEWEAECtMW E.L. DISEASE SA�E'ZW656E OMEIYpER EXCLUOEOT E.L DISEASE - PO Q� Tamarac, City of Purchasing & Cvnteacts Manager 75ZS NW 88 Avenue Tamarac, FL 33321 ACORD 25 (2001108) Z—mu OT ENDORSEMENT I SPECIAL PROVLSIWMS so 4M OULO ANY OF THE ARM 00OWN0 POLIGIRS BE CANCELLED BOOM THE EXPMTION DATE THEREOF, THE 69UING INSURER WILL ENORAVOR TO MAIL _] 0 OAVS WgMCW NOTICE TO THE C®{TWICATE HOLOW MAY= TO TRi LEFT. BUT PAN.URE TO MAIL SUM NOTICE SHALL IMPOSE NO OPLI :ATIOM OR LIAERTri OF ANY WHO UPON THE INSURER. "S AGENTS OR REPRESENTATIVES- AUTNORRl I IT9PREi9NTAW9 OACORD CORPORATION 1983 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, not does it affirmat[vely or negatively amend, extend or alter the coverage afforded by the policWs listed thereon. ACORD 25 (2001011) TOTAL P.03 Licensing Portal - Search Results Page 1 of 1 Apply for a License View Application Status Apply to Retake Exam Find Exam Information Find a CE Course File a Complaint AB&T Delinquent Invoice & Activity List Search User Services Renew a License Change License Status Maintain Account Change My Address View Messages Change My PIN View Continuing Ed L MTerm Glossary goOnline Help DBPR Home I Online Services Home i Help I Site Mar Search Results Please see our glossary of -terms for an explanation of the license status shown in these search results. License Name Name License Number/ Status/ yp Type Type Rank Expires Certified ARANGO, CGCO57697 Current, General ARMANDO Primary Cert Active Contractor FRANCISCO__]R General 08/31/2006 Certified CONSTRUCTION CGC057697 Current, General QUALITY DBA Cert Active Contractor CONTROL_INC General 08/31/2006 I Tenn$ of Use I I Privacy St:at:evnent I https://www.myfloridalicense.comllicensinglwl l 2.j sp;j sessionid=LKDDBBMLNDGDkKj9... 8/4/2004 Division of Corporations Pagel of 2 Florida Profit CONSTRUCTION QUALITY CONTROL INC. Document Number 1'00000014089 State FL Last Event REINSTATEMENT PRINCIPAL ADDRESS 16935 NW 51 PL MIAMI FL 33055 Changed 04/ 11 /2003 MAILING ADDRESS 16935 NW 51 PL MIAMI FL 33055 Changed 04/ 11 /2003 FEI Number 650980851 Status ACTIVE Event Date Filed 04/ 11 /2003 Date Filed 02/09/2000 Effective Date NONE Event Effective Date NONE ............................................................ ................................................................................................... ........................................ Registered Agent Name & Address ARANGO,ARMANDO 16935 NW 51 PL MIAMI FL 33055 Address Chanrted: 04/11/2003 Officer/Director Detail http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?a I =DETFIL&n I =P000000I4089&n2=NAM... 8/5/2004 Division of Corporations Page 2 of 2 ................ ........................ ........................ Annual Reports Report Year _ Filed Date_ 2001 04/11/2003 2002 04/11/2003 2003 04/11/2003 Previous Filing Return to List Next Filing View Events No Name History Information Document Images Listed below are the images available for this filing. -- REINSTATEMENT --Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http,Hccfcorp.dos.state.fl.us/scripts/cordet.exe?al=DETFIL&nl=P00000014089&n2=NAM... 8/5/2004 city of ! amal Ic AGREEMENT BETWEEN THE CITY OF TAMARAC and Contracts Division AND CONSTRUCTION QUALITY CONTROL, INC. THIS AGREEMENT is made and entered into this 4L day of 2004 by and between the City of Tamarac, a municipal corporation, with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Construction Quality Control, Inc., a Florida corporation with principal offices located at 6283 1815t Terrace North, Loxahatchee FL 33470 (the "Contractor") for the replacement of the emergency generator at Fire Station No. 78 and to properly complete the project as specified in Bid No. 04-23B. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. 04-23B, including all conditions therein, (General, Special and other Conditions), drawings and specifications, all addenda issued prior to, and all modifications issued after, execution of this Agreement, and the Contractor's proposal included herein. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the contract documents and Bid No. 04-23B, as set forth below: a) Contractor shall furnish all labor, materials, and equipment as indicated in the bid specifications. b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. and Contracts Dwiw ion 3) Insurance Contractor agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this term Agreement shall commence after the City's i ssuance of a w ritten N otice to P roceed. T he N otice to P roceed w ill i ndicate a commencement date t o b egin t he project. S ubstantial c ompletion s hall b e w ithin 110 calendar days from date Contractor receives City's Notice to Proceed. Final completion shall be within 10 calendar days from date of substantial completion. 5) Contract Sum The Contract Sum for the above work is Sixty-nine Thousand Seven Hundred Thirty-three Dollars and zero cents ($69,733.00), with a project contingency in the amount of Seven Thousand Dollars ($7,000.00). Said contingency will be paid only to the extent of its usage. Any unused amount will belong to the City of Tamarac. 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoices. A retainage of ten percent (10%) will be deducted from monthly payments. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits shall be processed before the warranty period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. of 'I a �arac Purchasing ind Contracts Dvision 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 8) Warranty Contractor w arrants t he w ork a gainst d efect f or a p eriod o f o ne year f rom t he date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required in Technical Specifications and Terms and Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period for the Project does not begin until substantial completion of the entire project and the Payment and Performance Bonds are released. 9) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non- discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, City c.-sf 'Itnarac Purchasing and Contracts Division employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) Assignment and Subcontracting Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Armando F. Arango, President Construction Quality Control, Inc. 6283 181 st Terrace North Loxahatchee FL 33470 PH: 561-792-3512 14) Termination Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or i.:s y E, 4 of 7 of 7 warnarac and Go))rracfs Olvision causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the C ity o f T amarac in t he annual budget f or a ach fiscal y ear o f t his Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. Xbg' e 0 ,, of f trnararPurchasing :rx ��?..rvci.ILtwsioo .. ..... ...........1 ..,.. .. .. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and Construction Quality Control, Inc. signing by and through its President, duly authorized to execute same. CITY OF TAM AC J chreiber, Mayor a // W-0 �/ Date , L, /17 ATTEST: Jeffrey4hilldf, City Manager A,no,, r MariaL-�� I A!;�, �& on Swenson, CIVIC I Date City Clerk 10 - I 's ^0Ll Date Mitchell Date to,form ,a id ncy: ATTEST: Construction Quality Control, Inc. _ Com any e (Co orate Secretary) u President Zunilda A. Soto Type/Print Name of Corporate Secy (CORPORATE SEAL) Armando F. Arango Type/Print Name of President Date City of Tamarac and Contracts Ciu icr7 ........ . ......... ........ ......... ....._. _ i'..rrcl�Krsrr�cf".".......... ..._.... ........ CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF 4 : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Armando F. Arango, President of Construction Quality Control, Inc. a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 2004. ignature 6f Notary Public State of Florida at Large 30-49 Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath.